Tag: Motion for Sanctions

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Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)
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Computer Assoc. Int?l v. Am. Fundware, Inc., 133 F.R.D. 166 (D. Colo. 1990)
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Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)
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Hildreth Mfg., LLC v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003)
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United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)
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Advantacare Health Partners, LP v. Access IV, 2004 WL 1837997 (N.D. Cal. Aug. 17, 2004)
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Lexis-Nexis v. Beer, 41 F. Supp. 2d 950 (D. Minn. 1999)
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Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550306 (D.N.J. July 7, 2004) (“Mosaid I”)
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Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)
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Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)

Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)

Key Insight: EPA violated preliminary injunction that prohibited destruction of potentially responsive documents by reformatting hard drives and erasing or overwriting backup tapes containing potentially responsive email; EPA held in civil contempt and ordered to pay plaintiff’s reasonable attorneys’ fees incurred as a result of EPA’s contumacious conduct

Nature of Case: FOIA action

Electronic Data Involved: Hard drives and email stored on backup tapes

Computer Assoc. Int?l v. Am. Fundware, Inc., 133 F.R.D. 166 (D. Colo. 1990)

Key Insight: Defendant’s duty to preserve source code arose no later than service of complaint, and its subsequent destruction of source code warranted default judgment on issue of liability; even assuming that maintenance of only a single, updated version of source code was, in other circumstances, a bona fide business practice, any destruction of versions of the code after service of complaint could not be excused as a bona fide business practice

Nature of Case: Copyright infringement, unfair competition, breach of computer software agreement

Electronic Data Involved: Source code

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

Hildreth Mfg., LLC v. Semco, Inc., 785 N.E.2d 774 (Ohio Ct. App. 2003)

Key Insight: Failure to preserve certain computer hard drives did not warrant sanctions where there was no reasonable possibility that the missing hard drives (which were obtained after protective order was issued) contained evidence of the theft of trade secret information

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Computer hard drives

United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)

Key Insight: Defendant was negligent in failing to determine which computer tapes in tape library contained information relevant to imminent and ongoing litigation and in failing to communicate clear guidelines regarding preservation of information to data processing personnel and tape librarian; no adverse inference, but plaintiff could inform jury about destruction of tapes and impact on plaintiff’s proof

Nature of Case: Action under False Claims Act

Electronic Data Involved: Computer tapes

Advantacare Health Partners, LP v. Access IV, 2004 WL 1837997 (N.D. Cal. Aug. 17, 2004)

Key Insight: Court denied motion for default judgment but granted motion for an adverse inference instruction and $20,000 in monetary sanctions where, in advance of court-ordered inspection, defendants deleted from their computers numerous electronic files which had been copied from former employer’s computer systems prior to their resignations, and, after the inspection, defendants failed to comply with court’s order that they delete all of plaintiffs’ files from their computers

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Proprietary information in electronic form

Lexis-Nexis v. Beer, 41 F. Supp. 2d 950 (D. Minn. 1999)

Key Insight: Court granted motion for monetary sanctions against defendant for violating TRO by failing to return proprietary information and data to plaintiff, but reserved judgment on amount of award pending further proceedings

Nature of Case: Employer sued former employee for misappropriation of trade secrets and related torts

Electronic Data Involved: Database containing sales and customer information, email, laptop, zip disk

Mosaid Techs. Inc. v. Samsung Elecs. Co., 2004 WL 2550306 (D.N.J. July 7, 2004) (“Mosaid I”)

Key Insight: Magistrate granted various discovery sanctions requested by plaintiff, including monetary sanctions and a jury instruction adverse to defendants based on destruction and non-production of email

Nature of Case: Patent infringement

Electronic Data Involved: Email

Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004)

Key Insight: Court rejected plaintiff’s request for direct access to Compaq’s hard drives, servers, and databases since plaintiff had failed to show widespread destruction or withholding of relevant information by Compaq; court further rejected plaintiff’s request for sanctions for failure to preserve certain evidence

Nature of Case: Patent infringement

Electronic Data Involved: Hard drives, servers, databases, email and electronic data

Pioneer Hi-Bred Int’l, Inc. v. Monsanto Co., 2001 WL 170410 (E.D. Mo. Jan. 2, 2001)

Key Insight: After jury trial resulted in defense verdict, court ruled on defendant’s outstanding motion for sanctions; pursuant to Fed. R. Civ. P. 37 and its inherent authority, court ordered plaintiff to pay defendant’s total counsel fees, expenses and costs incurred in the litigation (not just those related to discovery issues) amounting to $8,211,287 as sanction for plaintiff’s egregious discovery misconduct

Nature of Case: Dispute over development and license agreement

Electronic Data Involved: Email and other computerized data

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